The failed delivery of a parcel that travelled 3,000 kilometres but couldn't make it the final 25 kilometres has landed a retired Territory emergency worker in Darwin local court yesterday.
With a clean criminal history and his charges negotiated down to common assault by defence barrister Peter Maley, The Mango Inquirer has opted not to identify the man, given his years of service as a fireman, and the order of a conviction.
Feeling-sorry for defendants has seen many wasted days in court without publishing a story, but it's time to snap-out of that sort of business.
I'm trying to be a newspaper man. Not running huggers-anonymous.
Anyway; back to "grumpy" as judge Ben O'Loughlin appeared to characterise the defendant's demeanor during the incident, in one of his trademark off-hand comments from the bench.
While summarising the statement of facts, judge O'Loughlin said the defendant drove 25km to the depot to get his parcel.
"When asked for identification he produces his driver's license. When they asked him to sign for it he refuses to sign for it."
Judge O'Loughlin appeared to attribute another statement to the defendant: "If she knew how to do her job, she wouldn't be wasting his time."
"She said you can't get the parcel without signing.
"Uses his left forearm and elbow to strike [victim] to the left arm, pushing her out of the way.
"Picks up his parcel and exited to the carpark.
"Someone followed him. Can't take it until you sign. Pushes that person in the chest."
"Call the police, they won't fucking do anything. That wasn't quite right by the sounds of it because you're here today."
- Judge O'Loughlin
Judge O'Loughlin: "These facts are agreed?"
Defence barrister Peter Maley: "Yes, agreed."
The crown prosecutor put forward her case first, saying: "There appears to be an element of frustration for the offender, and the victims were just trying to do their jobs.
"His parcel wasn't delivered as he expected. The defendant drove to collect his parcel.
"The workers at company asked him to sign. He declined and assaulted [victim name] and then proceeded to leave the premises without signing, and then continued to assault the other victim.
"The prosecution would submit it's not a trivial matter. There's no extenuating circumstances.
"The seriousness of the offending as well as all of those factors need to be taken into consideration when deciding whether to record a conviction or not."
The prosecution advocated for a conviction.
Defence barrister Maley said his client was 72-years-old.
"He's retired. He's spent 35 years as a fireman in the Territory. He was a station officer at the end of his career, in charge of [inaudible] a number of fire vehicles.
"He's attended 8,000 critical incidents. He's been a controller for 3,000 [inaudible].
"He's never been before the courts or a tribunal.
"He's conducted himself with dignity and honour [inaudible]. He's resuscitated people.
"He retired at 66 years of age and stayed in Darwin."
Barrister Maley said his client still volunteers in the community, and talked through the successful careers his adult children were having, including a Virgin pilot and another who works for the Bureau of Meteorology.
"Your honour, it happened over an extremely short period of time. It was an act of frustration.
"My client ordered a coffee machine. It was to be delivered to his home. He has a fence around his home with a note saying 'just go next door and push a button and I'll come straight down'.
"He received a note saying there was no one home and the parcel was going to be returned to the delivery agents.
"He then contacted them by email. He received a terse response saying that the person who came out there for the parcel [inaudible] to be returned to sender some 3000km away.
"He conceded there was contact with the two people there, in the manner that was [inaudible] in those agreed facts, and he left.
"He's a man that makes a big contribution to the Darwin community. He's got an ochre card. He's spent his entire working life in the Territory. He's deemed of good character. I'm asking the court to proceed without conviction, and perhaps a bond or a fine.
"He's highly unlikely to come back before the court. It's low level offending."
In sentencing, judge O'Loughlin said: "Yes, the non-delivery of parcels is a common frustration. It may be easier for delivery guys just to put a note rather than ring and wait and make a proper effort.
"That might of happened here, but even if it did, that was a delivery driver, and to take that frustration out on two different people at the depot is unfair and unacceptable.
"The physicality of the assault is relatively minor. Harm is not alleged.
"I've got two charges of common assault. The most contentious issue is whether to record a conviction. Yes, we have someone aged 70; zero priors, plus [inaudible] firemen and other jobs. He gets a big tick for character.
"The extent to which the offense is trivial. It's not the most serious one, but it's not trivial to the victim, but it's rather prevalent.
"People seem to becoming grumpier, and it's not just as they become older, [inaudible] taking it out on [inaudible].
"To the extent that [there's] extenuating circumstances. Frustration of a situation where a parcel should have been delivered to his door is not extenuating.
"I'm going to record a conviction and impose one fine of $1,000 plus two victims levies."
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